Interpretation Response #01-0193 ([Quality Distribution] [Mr. Charles Boudin])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 08/06/2001

Company Name: Quality Distribution

Individual Name: Mr. Charles Boudin

Location State: FL Country: US

View the Interpretation Document

Response text:

August 6, 2001

Mr. Charles Boudin                                  Ref. No. 01-0193
Quality Distribution
3802 Corporex Park Drive
Tampa, Florida 33619

Dear Mr. Boudin:

This responds to your request to Mr. William Quade, Chief, Hazardous Materials Division, Federal Motor Carrier Safety Administration, for an interpretation related to cargo tank test and inspection report retention requirements specified in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask for clarification of the exception from the requirement to retain copies of test and inspection reports for a motor carrier leasing a cargo tank for fewer than 30 days.

You describe a common arrangement in the chemical industry under which a motor carrier agrees to transport a shipper’s cargo tank without a formal lease for the tank.  The agreement between shipper and carrier may cover transportation of a single load or several loads during which the carrier operates the cargo tank for a period under 30 days.  Alternatively, the agreement may cover transportation of multiple loads during which the carrier operates the cargo tank for more than 30 days.  You ask how the record retention requirements in § 180.417(b)(2) of the HMR apply in these situations.

Section 180.417(b)(2) requires the owner and operator of a cargo tank to retain copies of test and inspection reports until the next test or inspection of the same type is successfully completed.  This requirement does not apply to a motor carrier leasing a cargo tank for fewer than 30 days.  Although the exception uses the term  “leasing,” the intent of this provision is to except a motor carrier from the requirement to retain test and inspection reports for any cargo tank it uses for transportation for fewer than 30 days.  The exception applies regardless of whether there is a formal lease, where possession of the cargo tank is a secondary result of a contract to transport a load or several loads.  Similarly, the intent of § 180.417(b)(2) is to require a motor carrier to
retain test and inspection reports for any cargo tank it uses for transportation for more than 30 days.  Again, the record retention requirement applies regardless of whether there is a formal lease, where possession of the cargo tank is a secondary result of a contract to transport a load or several loads.

I  hope this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

180.417(b)(2)

Regulation Sections